TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
Applicable since: 8 September 2013.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Braverat Entertainment Ltd, and its affiliates (“Braverat”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs made available by Braverat including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Braverat, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Braverat Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE BRAVERAT SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE BRAVERAT SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA. If you do not accept the terms of this EULA, do not install, use or access the Braverat Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Braverat hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Braverat hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Braverat, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
OWNERSHIP; NO OTHER LICENSES. Braverat retains all right, title and interest in and to the Braverat Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Braverat Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Braverat Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Braverat. All rights not expressly granted to you herein are reserved by Braverat.
2 GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Braverat Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Braverat Services, any copies thereof, or any passwords or usernames of Braverat Services, without the express prior written consent of Braverat or as set forth in this EULA; (iii) make a copy of the Braverat Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Braverat Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Braverat Services or this EULA, use or install the Braverat Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Braverat Services, in whole or in part; (vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Braverat Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (viii) misrepresent the source of ownership of the Braverat Services; (ix) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Braverat Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (x) scrape, build databases or otherwise create permanent copies of content returned from the Braverat Services
The Braverat Services may include measures to control access to the Braverat Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Braverat Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Braverat Services will not function properly.
The Braverat Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Braverat Services, and to the extent that your contributions through use of the Braverat Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Braverat an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Braverat's and other players' use and enjoyment of such assets in connection with the Braverat Services and related goods and services under applicable law. This license grant to Braverat, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Braverat Services may require an internet connection to access the Braverat Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Braverat Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Braverat Services. By using the Braverat Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Braverat Services or certain features of the Braverat Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Braverat Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
4.NO OTHER WARRANTIES
THE BRAVERAT SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WE DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BRAVERAT DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE BRAVERAT SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE BRAVERAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE BRAVERAT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER BRAVERAT SERVICES OR THAT ANY ERRORS IN THE BRAVERAT SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL BRAVERAT, BRAVERAT’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE BRAVERAT SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT BRAVERAT, BRAVERAT’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, BRAVERAT’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL BRAVERAT’S, BRAVERAT’S LICENSORS’ OR CHANNEL PARTNERS LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR FIVE EUROS (EUR 5), WHICHEVER LESS.
6. OTHER TERMS AND CONDITIONS TERMINATION:
TThis EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Braverat Services.
INDEMNITY: You agree to indemnify, defend and hold Braverat, its partners, affiliates, contractors and employees harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Braverat Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
ABOUT THIS EULA
We may modify these terms or additional terms applicable to a Service to, for instance, reflect changes in the law or changes in our Services. You must check these terms for changes regularly. We will post notifications regarding changes to these terms in this page. We will publish a notification of changes about the additional terms in the applicable service. The changes will not be applied retroactively and will be valid after at least fourteen days after their publication. However, changes regarding new functionalities of a Service or changes made for legal reasons will be valid immediately. If you do not agree with the modified terms of a Service, you must discontinue the use if this service.
In case of conflict between this terms and additional terms, the additional terms prevail in regard to the conflict.
If you do not comply to this terms and we do not take immediate action, this do not mean we forfeit any rights we may have (as taking future action).
In case a specific condition of this terms cannot be executed, this do not void any other terms.
GOVERNING LAW AND DISPUTE RESOLUTION. Some countries will not apply the laws governed by the Federative Republic of Brazil (Republica Federativa do Brasil), therefore, when the law of the Federative Republic of Brazil cannot be applied. Your country law will be applied to the disputes arising from these terms. In all others cases, you agree with the application of the laws of the Federative Republic of Brazil, without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Braverat's discretion, by arbitration in the court of Juiz de Fora, Minas Gerais, Brazil, where local jurisdiction will be applied. In others cases all complaints caused by or related to these terms or Services will be pleaded in the federal or state tribunals of Juiz de fora, Minas Gerais, Brazil and you authorize personal jurisdiction in these tribunals.